Can my tenant withhold rent and demand an invoice?

25 03 2010

Question

A tenant of ours took a two-year company let and paid the first 6 months rent in advance. This 6 months is now up and he is due to begin paying rent monthly. He is refusing to pay rent until he receives and invoice for the remaining months, per month. Can he do this?

Answer

The short answer is no. He had already signed a contract and is therefore bound to paying the agreed rent on a monthly basis until that term ends. He cannot demand an invoice, and can certainly not withhold rent.

However, in this situation it is probably worth sending him the invoice, plus one for next month at the same time, it is worth keeping the peace as long as it is not going to cost you. This will make the next 18 months a lot smoother. It does also sound a bit like he is stalling for time.

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